How long it takes to get a divorce in Texas depends on numerous factors, including the type of divorce sought. With legal help from the experienced divorce lawyers at Cook Law Firm in San Antonio, TX, you can finalize an uncontested divorce in as little as 61 days. Discuss your realistic divorce timeline with our experienced family attorneys today by calling (210) 740-0281 or contacting us online.
Minimum Divorce Timelines in Texas
Texas recognizes both contested (fault-based) and uncontested (no-fault) divorces. How long it takes for the court to enter a final decree of dissolution of a marriage generally depends on whether the divorce is contested or uncontested. One party must also have lived in Texas for at least 6 months and the county of filing for at least 90 days before filing for a Texas divorce.
Uncontested Divorces
Also known as an agreed-upon divorce, an uncontested divorce means you and your spouse mutually agree to end your marriage and also agree on all terms related to the distribution of community property. You may not have to go to court to get an agreed-upon divorce finalized, and a divorce lawyer can help you end your marriage in as little as 61 days (60 days from the date of filing).
Sixty days is the mandatory waiting period before a court can finalize your divorce; however, court schedules and filing delays realistically mean it could take between three and four months. Uncontested divorces are not available to couples with shared minor children, but the 60-day waiting period is waived in cases of domestic violence.
Contested Divorces
It can take years to finalize a contested divorce, depending on the nature of the parties’ disagreement. Texas recognizes the following fault-based divorce grounds:
- Adultery
- Cruelty
- Felony conviction and imprisonment
- Abandonment
- Living apart for at least three years
- Institutionalization
- Insupportability (irreconcilable differences)
Your spouse must have been imprisoned for at least one year before you can file for divorce on imprisonment grounds. Likewise, there is a three-year separation period before you can file for divorce on these grounds. Couples with minor children or those seeking a quicker resolution can consult with an experienced contested divorce attorney to discuss filing for divorce on grounds of irreconcilable differences.
Factors Impacting the Length of Divorce Litigation
Couples with substantial estates, including those with mixed separate and community property, often require additional time to handle property disputes. This is especially true if the parties dispute the validity of a premarital agreement. Additionally, courts must always determine child conservatorship and possession based on the child’s best interests. These factors, in addition to disputes related to spousal maintenance (alimony) and child support, can all lengthen the divorce timeline in San Antonio.
Dedicated Divorce Attorneys Ready to Support You
Engaging in San Antonio divorce mediation can significantly reduce the time it takes to obtain a Texas divorce, as well as the associated legal expenses of litigation. Mediation can involve multiple sessions during the mandatory 60-day waiting period, during which the parties agree on property distribution and child conservatorship proposals. Whether you want to discuss family mediation services or need an experienced divorce lawyer in San Antonio, TX, call (210) 740-0281 or use the online form today.